CHAPTER 1. WATER RIGHTS; SURFACE WATER
IC 14-25
ARTICLE 25. WATER RIGHTS AND RESOURCES
IC 14-25-1
Chapter 1. Water Rights; Surface Water
IC 14-25-1-1
Legislative findings regarding use of surface waters
Sec. 1. The general welfare of the people of Indiana requires that:
(1) surface water resources of Indiana be put to beneficial usesto the fullest extent;
(2) the use of water for nonbeneficial uses be prevented; and
(3) public and private money for the promotion and expansionof the beneficial uses of surface water resources be invested tothe end that the best interests and welfare of the people ofIndiana will be served.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-2
Waters declared natural resource
Sec. 2. (a) Water in a natural stream, natural lake, or anothernatural body of water in Indiana that may be applied to a useful andbeneficial purpose is declared to be:
(1) a natural resource and public water of Indiana; and
(2) subject to control and regulation for the public welfare asdetermined by the general assembly.
(b) Diffused surface water flowing vagrantly over the surface ofthe ground is not considered to be public water. The owner of theland on which the water falls, pools, or flows has the right to use thewater.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-3
Riparian rights to water for domestic purposes
Sec. 3. (a) The owner of land contiguous to or encompassing apublic watercourse may use water from the public watercourse in thequantity necessary to satisfy the owner's needs for domesticpurposes, including the following:
(1) Water for household purposes.
(2) Drinking water for livestock, poultry, and domestic animals.
(b) The use of water for domestic purposes has priority and issuperior to all other uses.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-4
Impoundment of excess waters
Sec. 4. (a) This section applies to land contiguous to orencompassing a public watercourse.
(b) The:
(1) owner or group of owners of the land; or (2) person, firm, limited liability company, corporation, unit ofgovernment, or association for irrigation or other purposesowning the land;
may impound the water behind a dam in the natural stream bed or onthe owner's land or by pumping or diverting the water from a streamor lake to a reservoir when the flow in the stream or the level of thelake exceeds existing reasonable uses at the time of theimpoundment.
(c) An obstruction placed across a natural stream must include anoutlet facility for release of water that the owner is not entitled to useunder this chapter. The owner shall operate the outlet in accordancewith this section.
(d) Action by an owner or a group of owners under this sectionmust be approved by the commission before the action is taken.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-5
Use of increased flowage of waters due to release fromimpoundment
Sec. 5. (a) A public utility, a person, a firm, a limited liabilitycompany, a corporation, a unit of government, or an association forirrigation or other purposes that creates additional stream volumes byreleases from impoundments built and financed by the entity for theentity's purpose may use the increased flowage at all times. Theamount of increased flowage shall be determined by well recognizedengineering computations.
(b) Riparian owners do not have rights in increased flowagebeyond normal stream flow.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-6
Standards of measurement
Sec. 6. (a) The standard units for the measurement of the flow ofwater are a cubic foot per second and a gallon per minute.
(b) The standard units for the measurement of stored water are anacre-foot and a gallon.
(c) The standards and methods for the measurement of the volumeof water flow that are either used or approved by the United StatesGeological Survey in cooperation with the various departments of thestate and federal governments shall be accepted as prima faciereliable.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-7
Diversion of floodwaters
Sec. 7. (a) Upon approval of the commission and subject tosubsection (b), any person, whether or not the owner of landcontiguous to or encompassing a watercourse, may divert the floodwater of a watercourse for any useful purpose, including the purposeof storage. (b) A diversion under this section may not cause injury tolandowners or the users of water in the watershed of the watercoursefrom which the flood flow is diverted.
(c) This section does not limit:
(1) any rights granted under section 4 of this chapter or underIC 13-2-1-3(2) (before its repeal); or
(2) any other legal right existing on March 12, 1959, to divertand store water.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-8
Mediation of disputes
Sec. 8. (a) Whenever a dispute arises between the users of surfacewater in a watershed area, any party to the dispute may request thatthe commission mediate the dispute. Any party to the dispute mayinstitute mediation proceedings by filing a written request with thecommission setting out all the facts relevant to the dispute andrequesting a mediation of the dispute.
(b) Upon receipt of a request for mediation, the commission shallconduct a hearing for the consideration of the facts involved in thedispute. The commission shall notify all interested parties to thedispute concerning the time and place of the hearing.
(c) In the mediation of the dispute, the commission may do thefollowing:
(1) Conduct a survey of the water supply in the watershedinvolved in the dispute.
(2) Attempt to add additional sources of water for users in thewatershed.
(d) A recommendation of the commission in a mediationproceeding:
(1) is not binding upon the parties to the dispute; and
(2) does not preclude or defeat a remedy that the parties to thedispute have to a court of law.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-9
Reports to commission regarding volume of water used
Sec. 9. A person who uses ground water or surface water shall,when requested by the commission, report to the commission thevolume of water used by the person in a specific period. Thecommission may, in the commission's rules, prescribe the method ofmaking the reports.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-10
Public policy regarding regulation of public waters
Sec. 10. The policy that surface waters of Indiana are declared tobe public waters and subject to regulation by the general assembly isthe accepted policy of the state. Users of surface waters who:
(1) institute withdrawal of water for artificial uses from a
natural stream, natural lake, or other natural body of water; or
(2) increase artificial uses;
are subject to regulation of the uses or increased uses that are enactedinto law by the general assembly.
As added by P.L.1-1995, SEC.18.
IC 14-25-1-11
Findings; requirements for diversion of water outside the basin;rules
Sec. 11. (a) The general assembly finds that a diversion of waterout of the basin, unless conducted under the Great Lakes_St.Lawrence River Basin Water Resources Compact, will impair ordestroy the Great Lakes. The general assembly further finds that theregulation of a diversion of water from the basin is consistent withthe mandate of the Preamble to and Article 14, Section 1 of theConstitution of the State of Indiana, the United States Constitution,and the federal legislation according to which Indiana was grantedstatehood.
(b) Water may not be diverted outside the basin from that part ofthe basin within Indiana unless the diversion is:
(1) approved by the governor of each Great Lakes state under42 U.S.C. 1962d-20 (Water Resources Development Act); or
(2) conducted:
(A) after the effective date of; and
(B) in accordance with the requirements of;
the Great Lakes_St. Lawrence River Basin Water ResourcesCompact.
(c) The commission shall adopt rules necessary to implement thissection.
As added by P.L.1-1995, SEC.18. Amended by P.L.71-2004, SEC.2;P.L.4-2008, SEC.3.